Atas de Saúde Ambiental (Jul 2018)
A UTILIZAÇÃO DE AGROTÓXICOS E A RESPONSABILIZAÇÃO CIVIL: O CASO DE VITIVINICULTURA EM JAGUARI - RS
Abstract
The present work refers to the environmental civil responsibility in the municipal scope, after the approval of Law 3,163 in the Municipal entity in the year 2017, in the production of grapes and their derivatives. The research has as question: is it possible the civil responsibility for the use of pesticides based on the case of viticulture in Jaguari - RS? The methodology was based on bibliographic research and the deductive method. As a method of procedure, the screen survey was used to bibliographical and documentary analysis on the subject. As data collection technique, the production of extended abstracts and files was chosen. The division of the scientific article was made as follows: the first division refers to the constitutionalisation of environmental law, before and after the promulgation of the Federal Constitution of 1988; already, the second topic is studied about the concept, brief history and application of pesticides in the Brazilian legal regime; the third item examines the civil liability of agents causing ecological damage by agrochemicals, and its legal treatment in the sphere of the Municipality of Jaguari, in the cultivation of viticulture. From the study of the proposed theme, it is possible to conclude that agents could be held accountable, from the professional who prescribed the agricultural defensive to the owner or not of the polluted area, reimbursing those who suffered the environmental damage, besides the State's liability to damages present and future that may result from environmental damage, as well as adequate compensation or restoration of the degraded area as close as possible to the original.
